Overtime pay is additional wages that are owed to nonexempt employees. To find out if you qualify for overtime pay, it is highly recommend to contact an unpaid wages lawyer. Unpaid wage attorneys can specifically look at your case and take legal action on your behalf, if necessary.

Although fairly vague, there are three different tests available that usually equate to overtime pay eligibility for those who pass. Those tests are:

  • Salary level test: Workers who are compensated less than $23,600 per year ($455 per week) are nonexempt
  • Responsibilities test: the Fair Labor Standards Act usually excludes management duties, and so it is important to determine what your specific job responsibilities entail. A general rule of thumb is determining who is in charge. If you are "in charge" during a certain shift, then the Fair Labor Standards Act probably does not protect you.
  • Salary basis test: the Fair Labor Standards Act usually covers non-salaried workers, so you must figure out whether you are a salaried worker or not. Whether a worker is compensated on a salary basis is not affected by how your employer classifies your wages, but instead is dependent on whether the worker in fact has a "definite minimum" amount of he or she can rely on. If you have a definite minimum, you are probably classified as salaried.

The following are examples of workers exempt from the overtime wage requirements only:

  • Specific commissioned workers of retail or service facilities
  • Certain auto, truck, farm implement, trailer, boat, or aircraft salespersons and mechanics
  • Domestic service employees who live in their employers’ residences
  • Workers of motion picture theaters
  • Those employed on farms
  • Railroad and air carrier workers, taxi drivers, specific employees of motor carriers, seamen on American vessels, and local delivery workers compensated on approved trip rate plans
  • Announcers, chief engineers and news editors of specific non‑metropolitan broadcasting stations

The following are examples of workers exempt from both the overtime pay and minimum wage requirements:

  • Executive, professional, and administrative workers
  • Workers engaged in newspaper delivery
  • Farm employees working on small farms
  • Seamen employed on foreign vessels
  • Workers engaged in fishing operations
  • Casual babysitters and individuals working as companions to senior citizens or infirm
  • Workers of specific seasonal amusement or recreational facilities
  • Workers of specific small newspapers and switchboard operators of small telephone businesses